HARRY HUGHES, Governor

3739

(D) (1) IF THE COURT DETERMINES THAT THERE IS
INSUFFICIENT CAUSE TO BELIEVE THAT THE PERSON HAS VIOLATED
THE CONDITIONAL RELEASE AND THAT FURTHER ACTION OF THE COURT
IS NOT NECESSARY, THE COURT SHALL NOTE THIS DETERMINATION ON
THE PETITION WHICH SHALL BE MADE A PERMANENT PART OF THE
PERSON'S COURT FILE.

(2) THE CLERK OF THE COURT SHALL FORWARD NOTICE
OF THE COURT'S DETERMINATION TO:

(I)  THE SECRETARY OF THE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE; AND

(II)  THE PERSON WHO REPORTED THE
VIOLATION.

(E) (1) THE COURT SHALL CONDUCT A HEARING, WITHOUT A
JURY, WITHIN - 5 DAYS AFTER THE ATTACHMENT OF THE INDIVIDUAL
UNLESS:

(I)  THE HEARING IS POSTPONED BY AGREEMENT
OF THE PARTIES; OR

(II)  THE COURT POSTPONES THE HEARING UPON
A SHOWING OF GOOD CAUSE.

(2)  THE INDIVIDUAL SUBJECT TO THE REVOCATION OR
MODIFICATION OF A CONDITIONAL RELEASE HAS THE RIGHT TO
COUNSEL OR, IF INDIGENT, A PUBLIC DEFENDER.

(3)  THE PARTIES HAVE A RIGHT:

(I)  TO PRESENT EVIDENCE;

(II)  TO CROSS-EXAMINE ADVERSE WITNESSES;
AND

(III)  ANY OTHER RIGHTS THAT THE COURT
DEEMS NECESSARY FOR A FAIR HEARING.

(4)  THE BURDEN OF PERSUASION SHALL REST WITH THE
PETITIONER AND SHALL BE BY CLEAR AND CONVINCING EVIDENCE AS
TO WHETHER:

(I)  THERE HAS BEEN A VIOLATION OF
CONDITIONAL RELEASE; AND

(II)  BY REASON OF A MENTAL DISORDER OR
MENTAL RETARDATION THE INDIVIDUAL ON CONDITIONAL RELEASE IS
A DANGER TO THE INDIVIDUAL OR THE PERSON OR PROPERTY OF
OTHERS IF NOT CONFINED IN AN INSTITUTION FOR INPATIENT CARE
OR TREATMENT OR IF THE CONDITIONS OF THE RELEASE ARE NOT
MODIFIED.

(5)  IF THE COURT DETERMINES THAT THE STANDARD
SET FORTH IN PARAGRAPH 4 OF THIS SUBSECTION IS MET, THE
COURT SHALL: